Joanne Reisman’s Answers

Joanne Reisman

Portland Estate Planning Attorney.

Contributor Level 16
  1. Transferring property to a Living Trust with a Quit Claim Deed

    Answered almost 2 years ago.

    1. James Oberholtzer
    2. Robert J Harris
    3. Joanne Reisman
    4. Charles Andrew Hillestad
    4 lawyer answers

    Yes but I have been told by title companies that they prefer a bargain and sale deed (just put "0" as the money paid) because it makes it contains representations that you have a valid title to transfer whereas a quitclaim deed basically says "I don't guarantee anything but if it turns out I do own this property I give it to you". You don't put on the deed that it is being deeded to the trust! You need to have an attorney help you with the proper designation for the deed and if you...

    8 lawyers agreed with this answer

  2. Do I need to get a lawyer after my MVA to handle the pain & suffering. negotiations? It has been 5 months since accident.

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Jeffrey Mark Adams
    3. Sean P DuBois
    4. Wm Keith Dozier Jr
    5. Andrew Daniel Myers
    6. ···
    11 lawyer answers

    Yes - you should have gotten a lawyer immediately. There are all sort of issues that you are probably not aware of. First of all, your injuries have not settled down and you have ongoing medical bills - it sounds like you have had enough medical bills already that your $15,000 pip coverage may be used up or getting close to used up. If you have used private insurance or may be using private insurance in the future, you may be faced with a lien that needs to be reimbursed from any settlement...

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  3. Who pays for accident on personal property involving auto?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Christian K. Lassen II
    3. Lisa Douglas
    3 lawyer answers

    Believe it or not this does happen. A family member hits another family member with the family car. The car insurance that covers your husband is primary because he was driving the car at the time. This may be the same policy that you have as a driver. In any case all auto insurance policies have PIP which will pay for some of the medical bills up to $15,000.00 which occurred in the first year. PI also pays for some missed wages - 70% of what you make monthly for up to 12 months. You...

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  4. How is the lost earn capacity for a student earning grades B and As, who lost a quarter of school due to an accident calculated?

    Answered over 2 years ago.

    1. Joanne Reisman
    2. Steven Mark Sweat
    3. Andrew Daniel Myers
    4. Christine C McCall
    4 lawyer answers

    Assuming your accident was pretty severe it might be enough just to show your injuries and your pain and suffering to get a decent recovery down the road when you are ready to settle. While there are ways to prove lost earning potential using economiststhat can testify - it's expensive to put this evidence on so it's really not worth pursing unless you have very severe injuries, the other driver has a good insurance coverage (high limits) and you can prove that it's not just speculations...

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  5. How do I fight a false bodily injury claim?

    Answered 12 months ago.

    1. Todd A Taylor
    2. Joanne Reisman
    3. Philip Anthony Fabiano
    4. Manuel Alzamora Juarez
    5. Christian K. Lassen II
    5 lawyer answers

    You are a long way from having to worry. It is not uncommon for a Plaintiff and their lawyer to start with an high demand and negotiate downwards. The first thing you need to ask your insurance agent is what is your maximum coverage. As long as the damages are below the maximum that your insurance company will cover, then you can sit back and let your insurance company fight it out with the Plaintiff. What I suspect you got was a demand pursuant to 20.080. This is the type of demand...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Motor vehicle accident has given me severe nerve pain in both arms . They admitted fault and were cited.

    Answered over 1 year ago.

    1. Dane Johnson
    2. Joanne Reisman
    3. Christian K. Lassen II
    4. Sean P DuBois
    5. Allison L Williams
    6. ···
    6 lawyer answers

    Yes you do need a lawyer now and you should have had one from the beginning. Let's put it this way - you have one more year before this case has to be filed. Your injuries aren't resolved and may never be. I hope you have medical insurance to cover the next year of treatment because your PIP coverage ends at one year post accident. So yeah, get a good lawyer that can guide you the next year and protect your legal interests. Understand that no matter how bad your injuries are, your...

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  7. My car was totaled by a un insured and non licensed driver.

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Wm Keith Dozier Jr
    3. Matthew C Simon
    4. David J. McCormick
    5. Theodore Charles Levy
    6. ···
    8 lawyer answers

    There is a specific Oregon statute, ORS 742.061, that can put pressure on your insurance company to pay a fair settlement under your UM/UIM claim when you are in an accident such as you described. The statute is tricky to use but very effective. You absolutely need the help of a lawyer to navigate this problem. Your suspicions are correct, you are not being given an offer commensurate with your injuries and you will only get what you deserve after fighting with with your insurance company (...

    7 lawyers agreed with this answer

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  8. Why would a defendant & their lawyer not respond to a civil suit demand letter within the time that the plaintiffs lawyer set.?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. James Michael Roswold
    3. Kevin Coluccio
    4. Brian Heath Crockett
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    No one is going to be able to tell you what someone else is thinking. My colleagues here are right - the common tactic is to ignore the demand letter and make you prove your allegations and there is a chance that you won't win at trial. The other possibility is that that an insurance company is involved and your demand was either higher then what they think the case is worth or they don't think you have a valid claim. Finally there is a chance that the demand letter wasn't sent to the right...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Divorced parents: Child injured due to negligence of one parent. Who pays medical bill?

    Answered 9 months ago.

    1. Joanne Reisman
    2. Diane L Gruber
    3. Lee Alan Thompson
    3 lawyer answers

    Unless you want to spend a lot of money arguing about this in court (attorney fees and court costs) it is probably just best to follow the division of responsibility in your custody/parenting time documents which you say is 50:50. There is really not a built in mechanism in most Court decrees to reconsider medical costs based on parental fault. This sounds like an accident even though it could have been prevented, not something the other parent did intentionally. Was this a large...

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  10. What are the steps to getting power of attorney of my mother away from my brother?

    Answered about 1 year ago.

    1. Joanne Reisman
    2. James Oberholtzer
    3. Diane L Gruber
    4. James D. Kiley
    4 lawyer answers

    Since this is taking place in North Carolina you need to talk to someone there - start with an attorney that has some knowledge of elder law, estate planning and guardianships. Most states have laws that criminalize any type of abuse of elderly or incapacitated people and this includes violating a fiduciary duty as with a power of attorney and mismanaging or misappropriating the protected person's funds or assets. So once you have someone knowledgeable that can help explain to you the local...

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